Energy Conservation Standards for Wine Chillers and Miscellaneous Refrigeration Products: Public Meeting and Availability of the Framework Document, 7547-7549 [2012-3261]
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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Proposed Rules
that have tribal implications or preempt
tribal laws. Rural Development has
determined that the rule does not have
a substantial direct effect on one or
more Indian tribe(s) or on either the
relationship or the distribution of
powers and responsibilities between the
Federal Government and Indian tribes.
Thus, this rule is not subject to the
requirements of Executive Order 13175.
If a tribe determines that this rule has
implications of which Rural
Development is not aware and would
like to engage with Rural Development
on this rule, please contact Rural
Development’s Native American
Coordinator at AIAN@wdc.usda.gov.
making the proposed changes in this
rule.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995, the information
collection activities associated with this
rule are covered under the Business and
Industry Guaranteed Loan Program,
OMB Number: 0570–0017.
This rule contains no new reporting
or recordkeeping requirements that
would require approval under the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
List of Subjects in 7 CFR Part 4279
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E-Government Act Compliance
Rural Development is committed to
complying with the E-Government Act,
to promote the use of the Internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and other
purposes.
I. Background
The Agency reviewed 7 CFR 4279.2
which is composed of two paragraphs,
the first of which is pertinent. Section
4279.2(a) discusses the definitions,
which has thirty seven terms use in the
Guaranteed Loanmaking. The
definitions and abbreviations contained
in § 4279.2 also apply to the Business
and Industry Guaranteed Loan Servicing
regulations and, unless otherwise noted,
the Biorefinery Assistance Loan
Program and the Rural Energy for
America Program. Currently, the Agency
regulations do not define ‘‘interest’’,
‘‘default interest’’, ‘‘penalty interest’’ or
‘‘late charges’’. However, it is the
Agency’s policy not to pay out
additional cost for default interest,
penalty interest and late charges
calculated and submitted on a final
report of loss claim under the Loan Note
Guarantee. However, the lender’s
Promissory Note may contain provisions
for default, penalty interest, or late
charges with prior Agency approval.
These charges must be customary and
reasonable. Accordingly, the Agency is
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The Agency is revising § 4279.2(a), to
address the situation discussed in the
‘‘Background’’ section. Specifically, the
Agency is adding a paragraph in
§ 4287.2(a), after the term ‘‘Holder’’ and
before the term Interim Financing,
which will define ‘‘Interest.’’ The
change being made by this rule is to
clarify that ‘‘interest’’ does not include
default or penalty interest, or late fees.
The lender may charge the borrower
these fees with prior Agency approval.
Business and industry, Loan
programs, Rural development
assistance.
For the reasons set forth in the
preamble, chapter XLII, title 7, of the
Code of Federal Regulations is proposed
to be amended as follows:
CHAPTER XLII—RURAL BUSINESSCOOPERATIVE SERVICE AND RURAL
UTILITIES SERVICE, DEPARTMENT OF
AGRICULTURE
PART 4279—GUARANTEED
LOANMAKING
1. The authority citation for part 4279
continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932(a);
and 7 U.S.C. 1989.
Subpart A—General
2. Paragraph (a) of § 4279.2 is
amended by adding a new definition of
Interest, to read as follows:
Definitions and abbreviations.
*
*
*
*
*
Interest. A fee paid by a borrower to
the lender as a form of compensation for
the use of money. When money is
borrowed, interest is paid as a fee over
a certain period of time (typically
months or years) to the lender as a
percentage of the principal amount
owed. ‘‘Interest’’ does not include
default or penalty interest or late fees or
charges. The lender may charge these
fees and interest with prior Agency
approval, but they are not covered by
the Loan Note Guarantee.
*
*
*
*
*
Dated: February 2, 2012.
Dallas Tonsager,
Under Secretary, Rural Development.
[FR Doc. 2012–3242 Filed 2–10–12; 8:45 am]
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DEPARTMENT OF ENERGY
10 CFR Part 430
II. Discussion of Change
§ 4279.2
7547
[Docket No. EERE–2011–BT–STD–0043]
RIN 1904–AC51
Energy Conservation Standards for
Wine Chillers and Miscellaneous
Refrigeration Products: Public Meeting
and Availability of the Framework
Document
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of the framework document.
AGENCY:
The U.S. Department of
Energy (DOE) is considering
establishing energy conservation
standards for residential wine chillers
and other residential refrigeration
products. DOE will hold an informal
public meeting to discuss and receive
comments on its planned analytical
approach and issues that it will address
in this proceeding. DOE welcomes
written comments and relevant data
from the public on any subject within
the scope of this notice. To inform
stakeholders and facilitate this process,
DOE has prepared a framework
document that details the analytical
approach and identifies several issues
on which DOE is particularly interested
in receiving comments. The framework
document is available at https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/
refrigerators_freezers.html.
SUMMARY:
DOE will hold a public meeting
on February 22, 2012, from 9 a.m. to
5 p.m. in Washington, DC. Additionally,
DOE plans to conduct the public
meeting via webinar. To participate via
webinar, participants must notify DOE
no later than Wednesday, February 15,
2012. Registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
published on the following Web site
https://www1.gotomeeting.com/register/
270198257. Participants are responsible
for ensuring that their systems are
compatible with the webinar software.
Any person requesting to speak at the
public meeting should submit such
request along with a signed original and
an electronic copy of the statements to
be given at the public meeting before 4
p.m., Wednesday, February 15, 2012.
Written comments are welcome,
especially following the public meeting,
and should be submitted by March 14,
2012.
DATES:
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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Proposed Rules
The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. To attend,
please notify Ms. Brenda Edwards at
(202) 586–2945. Please note that foreign
nationals visiting DOE Headquarters are
subject to advance security screening
procedures, requiring a 30-day advance
notice. Any foreign national wishing to
participate in the public meeting should
advise DOE as soon as possible by
contacting Ms. Brenda Edwards at (202)
586–2945 to initiate the necessary
procedures.
Any comments submitted must
identify the framework document for
Energy Conservation Standards for Wine
Chillers and Miscellaneous
Refrigeration Products, and provide
docket number EERE–2011–BT–STD–
0043 and/or Regulation Identifier
Number (RIN) 1904–AC51. Comments
may be submitted by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov Follow the
instructions for submitting comments.
• Email: WineChillers-2011-STD0043@ee.doe.gov. Include the docket
number and/or RIN in the subject line
of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Framework Document for Wine Chillers
and Miscellaneous Refrigeration
Products, EERE–2011–BT–STD–0043
and/or RIN 1904–AC51, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. Phone:
(202) 586–2945. Please submit one
signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Phone: (202)
586–2945. Please submit one signed
original paper copy. No telefacsimilies
(faxes) will be accepted.
Docket: The docket is available for
review at www.regulations.gov,
including Federal Register notices, the
framework document, comments, and
other supporting documents and
materials. All documents in the docket
are listed in the www.regulations.gov
index. However, not all documents in
the index may be publicly available,
such as information that is exempt from
public disclosure.
A link to the docket Web page can be
found at www.regulations.gov. The
www.regulations.gov Web page contains
a link to the docket for this notice, along
with simple instructions on how to
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ADDRESSES:
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access all documents, including public
comments, in the docket.
For further information on how to
submit a comment or review other
public comments and the docket, please
contact Ms. Brenda Edwards at (202)
586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Lucas Adin, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. Phone:
(202) 287–1317. Email:
Lucas.Adin@ee.doe.gov or Michael
Kido, U.S. Department of Energy, Office
of General Counsel, GC–72, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. Phone:
(202) 586–9507. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III,
Part B1 of the Energy Policy and
Conservation Act of 1975 (EPCA or the
Act), Public Law 94–163 (42 U.S.C. 291–
6309, as codified), established an energy
conservation program for major
household appliances, which includes
residential refrigeration products. This
program authorizes DOE to establish
technologically feasible, economically
justified energy efficiency regulations
for certain consumer products that
would be likely to result in substantial
national energy savings, and for which
both natural market forces and
voluntary labeling programs have been
and/or are expected to be ineffective in
promoting energy efficiency. (42 U.S.C.
6295(l)(1))
The National Appliance Energy
Conservation Act of 1987 (NAECA),
Public Law 100–12, amended EPCA and
established energy conservation
standards for refrigerators, refrigeratorfreezers, and freezers (residential
refrigeration products), as well as
requirements for determining whether
these standards should be amended. (42
U.S.C. 6295(b)) On November 17, 1989,
DOE published a final rule in the
Federal Register updating the energy
conservation standards. The new
standards became effective on January 1,
1993. 54 FR 47916. Subsequently, DOE
determined that new standards for some
of the product classes were based on
incomplete data and incorrect analysis.
As a result, DOE published a correction
that amended the new standards for the
following three product classes: (1)
Refrigerators and refrigerator-freezers
with manual defrost, (2) refrigerator1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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freezers with automatic defrost with a
bottom-mounted freezer but without
through-the-door (TTD) ice service, and
(3) chest freezers and all other freezers.
55 FR 42845. DOE updated the
performance standards once again for
residential refrigeration products by
publishing a final rule in the Federal
Register on April 28, 1997. 62 FR 23102.
The new standards became effective on
July 1, 2001. By completing a second
standards rulemaking, DOE had fulfilled
its legislative requirement to conduct
two cycles of standards rulemakings.
After the completion of these two
rulemaking cycles, stakeholders
submitted a petition in 2004 requesting
that DOE conduct another rulemaking to
amend the standards for residential
refrigerator-freezers. In April 2005, DOE
granted the petition and conducted a
limited set of analyses to assess the
potential energy savings and potential
economic benefit of new standards. DOE
issued a report in October 2005
detailing the analyses, which examined
the technological and economic
feasibility of new standards set at
ENERGY STAR levels effective in 2005
for the two most popular product
classes of refrigerators: top-mount
refrigerator-freezers without TTD
features and side-mount refrigeratorfreezers with TTD features.2 DOE
confined its updated analysis to these
two classes because they accounted for
a majority of current product shipments.
Depending on assumptions regarding
the impact that standards would have
on market efficiency, DOE estimated
that amended standards at the 2005
ENERGY STAR levels would yield
savings between 2.4 to 3.4 quadrillion
British thermal units (Btu), with an
associated economic impact to the
Nation ranging from a burden or cost of
$1.2 billion to a benefit or savings of
$3.3 billion.
In October 2005, DOE published draft
data sheets containing the projected
energy savings potential for refrigeratorfreezers as part of its fiscal year 2006
schedule-setting process. The data
sheets were based on the October 2005
draft technical report analyzing
potential new amended energy
conservation standards for residential
refrigerator-freezers described above.
The analysis was not extended to all
refrigerator, refrigerator-freezer, and
freezer product classes because of the
large proportion of the market
represented by the two product classes
analyzed in detail (i.e. refrigerator2 U.S Department of Energy, ‘‘Analysis of
Amended Energy Conservation Standards for
Residential Refrigerator-Freezers’’, October 2005,
https://www1.eere.energy.gov/buildings/
appliance_standards/pdfs/refrigerator_report_1.pdf.
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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Proposed Rules
freezer—automatic defrost with topmounted freezer without through-thedoor ice service (product class 3) and
refrigerator-freezer—automatic defrost
with side-mounted freezer with
through-the-door ice service (product
class 7)) and because DOE expected that
results for these product classes would
be representative for all of the product
classes. DOE had this expectation
because these two product classes
represent a large majority of refrigeratorfreezers, which in turn represent the
majority of energy use of refrigeration
products. (See pages 5–9 and 2–1 of the
2005 report). The technical report and
the associated data sheets helped direct
the priorities for DOE’s rulemaking
activities. As a result, other products
were given a higher priority, and limited
rulemaking work on refrigerators and
freezers was carried out in the following
years prior to the enactment of the
Energy Independence and Security Act
of 2007, Public Law 110–140 (Dec. 19,
2007) (EISA).
EISA required DOE to publish a final
rule to determine whether to amend the
standards in effect for residential
refrigeration products manufactured
starting in 2014. Consistent with this
requirement, DOE issued a notice of
proposed rulemaking on September 27,
2010. 75 FR 59470. Subsequently, on
September 15, 2011, DOE issued a final
rule that established energy
conservation standards for over 40
classes of residential refrigeration
products. See 76 FR 57516 and 76 FR
70865 (November 16, 2011) (date
correction notice). The standards
adopted in that final rule were largely
based on a consensus agreement that a
coalition of energy efficiency advocates
and industry representatives submitted
to DOE in July 2010, see DOE Docket
No. EERE–2008–BT–STD–0012,
Comment 49,3 and provided
manufacturers with the requisite threeyear lead time contemplated by EPCA.
See 42 U.S.C. 6295(m).
In the preamble to the final rule, DOE
discussed the issue of wine chiller
coverage. See, e.g. 76 FR at 57534. The
test procedure final rule and interim
final rule distinguished between those
products designed to safely store fresh
food and those that were not. See 75 FR
78810, 78817 (Dec. 16, 2010). Wine
chillers are not treated as refrigerators
because they are not designed to be
capable of achieving compartment
temperatures below the 39 °F limit
specified in the definition for ‘‘electric
3 Note: In the regulations.gov Web site, this is
listed as comment 52, although it was originally
comment 49, and its header identifies it as
comment 49.
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refrigerator.’’ See 10 CFR 430.2. DOE
indicated that it would consider the
coverage of wine chillers as part of a
separate future rulemaking. Today’s
notice begins that process of examining
the coverage of those residential
refrigeration products, including wine
chillers, that are not yet addressed by
any Federal energy conservation
standards. Under EPCA, refrigerators,
refrigerator-freezers, and freezers are
limited to those products that can be
operated by alternating current
electricity, but excluding (A) any type
designed to be used without doors; and
(B) any type which does not include a
compressor and condenser unit as an
integral part of the cabinet assembly.
See 42 U.S.C. 6292(a)(1).
The framework document explains
the issues, analyses, and process that
DOE is considering for the development
of energy efficiency standards for wine
chillers and miscellaneous refrigeration
products. An accompanying public
meeting will be held that will focus on
the analyses and issues contained in
various sections of the framework
document. DOE plans to present and
solicit discussion regarding these issues.
DOE will also make a brief presentation
on the process that it plans to follow
when evaluating potential standards for
these products.
DOE encourages anyone who wishes
to participate in the public meeting to
obtain and review the framework
document and to be prepared to discuss
its contents. A copy of the draft
framework document is available at
https://www1.eere.energy.gov/buildings/
appliance_standards/residential/
refrigerators_freezers.html.
However, public meeting participants
need not limit their comments to the
topics identified in the framework
document. DOE is also interested in
receiving views on other relevant issues
that participants believe would affect
energy conservation standards for these
products. DOE invites all interested
parties, whether or not they participate
in the public meeting, to submit in
writing by March 14, 2012, comments
and information on matters addressed in
the framework document and on other
matters relevant to consideration of
standards for wine chillers and
miscellaneous refrigeration products.
DOE will conduct the public meeting
in an informal, facilitated, conference
style. There shall be no discussion of
proprietary information, costs or prices,
market shares, or other commercial
matters regulated by U.S. antitrust laws.
A court reporter will record the minutes
of the meeting, after which a transcript
will be available for purchase from the
court reporter and placed on the DOE
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7549
Web site at www1.eere.energy.gov/
buildings/appliance_standards/
residential/refrigerators_freezers.htm.
After the public meeting and the close
of the comment period for the
framework document, DOE will begin
collecting data, conducting the analyses
as discussed at the public meeting, and
reviewing public comments.
Anyone who wishes to participate in
the public meeting, receive meeting
materials, or be added to the DOE
mailing list to receive future notices and
information about wine chillers and
miscellaneous refrigeration products
should contact Ms. Brenda Edwards at
(202) 586–2945.
Issued in Washington, DC, on February 6,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–3261 Filed 2–10–12; 8:45 am]
BILLING CODE 6450–01–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2010–0078]
RIN 0960–AH28
Revised Medical Criteria for Evaluating
Visual Disorders
Social Security Administration.
Notice of proposed rulemaking.
AGENCY:
ACTION:
We propose to revise and
reorganize the criteria in the Listing of
Impairments (listings) that we use to
evaluate cases involving visual
disorders in adults and children under
titles II and XVI of the Social Security
Act (Act). The proposed revisions reflect
our program experience and address
adjudicator questions we have received
since we last revised these criteria in
2006. These proposed revisions reflect
guidance we have issued in response to
adjudicator questions and will ensure
more timely adjudication of claims in
which we evaluate visual impairments
that involve a loss of visual acuity or
loss of visual fields.
DATES: To ensure that your comments
are considered, we must receive them
by no later than April 13, 2012.
ADDRESSES: You may submit comments
by any one of three methods—Internet,
fax, or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
method you choose, please state that
your comments refer to Docket No.
SSA–2010–0078 so that we may
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Proposed Rules]
[Pages 7547-7549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3261]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-STD-0043]
RIN 1904-AC51
Energy Conservation Standards for Wine Chillers and Miscellaneous
Refrigeration Products: Public Meeting and Availability of the
Framework Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of the framework
document.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is considering
establishing energy conservation standards for residential wine
chillers and other residential refrigeration products. DOE will hold an
informal public meeting to discuss and receive comments on its planned
analytical approach and issues that it will address in this proceeding.
DOE welcomes written comments and relevant data from the public on any
subject within the scope of this notice. To inform stakeholders and
facilitate this process, DOE has prepared a framework document that
details the analytical approach and identifies several issues on which
DOE is particularly interested in receiving comments. The framework
document is available at https://www1.eere.energy.gov/buildings/appliance_standards/residential/refrigerators_freezers.html.
DATES: DOE will hold a public meeting on February 22, 2012, from 9 a.m.
to 5 p.m. in Washington, DC. Additionally, DOE plans to conduct the
public meeting via webinar. To participate via webinar, participants
must notify DOE no later than Wednesday, February 15, 2012.
Registration information, participant instructions, and information
about the capabilities available to webinar participants will be
published on the following Web site https://www1.gotomeeting.com/register/270198257. Participants are responsible for ensuring that
their systems are compatible with the webinar software. Any person
requesting to speak at the public meeting should submit such request
along with a signed original and an electronic copy of the statements
to be given at the public meeting before 4 p.m., Wednesday, February
15, 2012. Written comments are welcome, especially following the public
meeting, and should be submitted by March 14, 2012.
[[Page 7548]]
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. To attend, please notify Ms. Brenda Edwards
at (202) 586-2945. Please note that foreign nationals visiting DOE
Headquarters are subject to advance security screening procedures,
requiring a 30-day advance notice. Any foreign national wishing to
participate in the public meeting should advise DOE as soon as possible
by contacting Ms. Brenda Edwards at (202) 586-2945 to initiate the
necessary procedures.
Any comments submitted must identify the framework document for
Energy Conservation Standards for Wine Chillers and Miscellaneous
Refrigeration Products, and provide docket number EERE-2011-BT-STD-0043
and/or Regulation Identifier Number (RIN) 1904-AC51. Comments may be
submitted by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
Follow the instructions for submitting comments.
Email: WineChillers-2011-STD-0043@ee.doe.gov. Include the
docket number and/or RIN in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Framework Document for
Wine Chillers and Miscellaneous Refrigeration Products, EERE-2011-BT-
STD-0043 and/or RIN 1904-AC51, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. Phone: (202) 586-2945. Please submit one
signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Phone: (202) 586-2945. Please submit
one signed original paper copy. No telefacsimilies (faxes) will be
accepted.
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, the framework document, comments,
and other supporting documents and materials. All documents in the
docket are listed in the www.regulations.gov index. However, not all
documents in the index may be publicly available, such as information
that is exempt from public disclosure.
A link to the docket Web page can be found at www.regulations.gov.
The www.regulations.gov Web page contains a link to the docket for this
notice, along with simple instructions on how to access all documents,
including public comments, in the docket.
For further information on how to submit a comment or review other
public comments and the docket, please contact Ms. Brenda Edwards at
(202) 586-2945 or by email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Lucas Adin, U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC
20585-0121. Phone: (202) 287-1317. Email: Lucas.Adin@ee.doe.gov or
Michael Kido, U.S. Department of Energy, Office of General Counsel, GC-
72, 1000 Independence Avenue SW., Washington, DC 20585-0121. Phone:
(202) 586-9507. Email: Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III, Part B\1\ of the Energy Policy
and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42
U.S.C. 291-6309, as codified), established an energy conservation
program for major household appliances, which includes residential
refrigeration products. This program authorizes DOE to establish
technologically feasible, economically justified energy efficiency
regulations for certain consumer products that would be likely to
result in substantial national energy savings, and for which both
natural market forces and voluntary labeling programs have been and/or
are expected to be ineffective in promoting energy efficiency. (42
U.S.C. 6295(l)(1))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
The National Appliance Energy Conservation Act of 1987 (NAECA),
Public Law 100-12, amended EPCA and established energy conservation
standards for refrigerators, refrigerator-freezers, and freezers
(residential refrigeration products), as well as requirements for
determining whether these standards should be amended. (42 U.S.C.
6295(b)) On November 17, 1989, DOE published a final rule in the
Federal Register updating the energy conservation standards. The new
standards became effective on January 1, 1993. 54 FR 47916.
Subsequently, DOE determined that new standards for some of the product
classes were based on incomplete data and incorrect analysis. As a
result, DOE published a correction that amended the new standards for
the following three product classes: (1) Refrigerators and
refrigerator-freezers with manual defrost, (2) refrigerator-freezers
with automatic defrost with a bottom-mounted freezer but without
through-the-door (TTD) ice service, and (3) chest freezers and all
other freezers. 55 FR 42845. DOE updated the performance standards once
again for residential refrigeration products by publishing a final rule
in the Federal Register on April 28, 1997. 62 FR 23102. The new
standards became effective on July 1, 2001. By completing a second
standards rulemaking, DOE had fulfilled its legislative requirement to
conduct two cycles of standards rulemakings.
After the completion of these two rulemaking cycles, stakeholders
submitted a petition in 2004 requesting that DOE conduct another
rulemaking to amend the standards for residential refrigerator-
freezers. In April 2005, DOE granted the petition and conducted a
limited set of analyses to assess the potential energy savings and
potential economic benefit of new standards. DOE issued a report in
October 2005 detailing the analyses, which examined the technological
and economic feasibility of new standards set at ENERGY STAR levels
effective in 2005 for the two most popular product classes of
refrigerators: top-mount refrigerator-freezers without TTD features and
side-mount refrigerator-freezers with TTD features.\2\ DOE confined its
updated analysis to these two classes because they accounted for a
majority of current product shipments. Depending on assumptions
regarding the impact that standards would have on market efficiency,
DOE estimated that amended standards at the 2005 ENERGY STAR levels
would yield savings between 2.4 to 3.4 quadrillion British thermal
units (Btu), with an associated economic impact to the Nation ranging
from a burden or cost of $1.2 billion to a benefit or savings of $3.3
billion.
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\2\ U.S Department of Energy, ``Analysis of Amended Energy
Conservation Standards for Residential Refrigerator-Freezers'',
October 2005, https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/refrigerator_report_1.pdf.
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In October 2005, DOE published draft data sheets containing the
projected energy savings potential for refrigerator-freezers as part of
its fiscal year 2006 schedule-setting process. The data sheets were
based on the October 2005 draft technical report analyzing potential
new amended energy conservation standards for residential refrigerator-
freezers described above. The analysis was not extended to all
refrigerator, refrigerator-freezer, and freezer product classes because
of the large proportion of the market represented by the two product
classes analyzed in detail (i.e. refrigerator-
[[Page 7549]]
freezer--automatic defrost with top-mounted freezer without through-
the-door ice service (product class 3) and refrigerator-freezer--
automatic defrost with side-mounted freezer with through-the-door ice
service (product class 7)) and because DOE expected that results for
these product classes would be representative for all of the product
classes. DOE had this expectation because these two product classes
represent a large majority of refrigerator-freezers, which in turn
represent the majority of energy use of refrigeration products. (See
pages 5-9 and 2-1 of the 2005 report). The technical report and the
associated data sheets helped direct the priorities for DOE's
rulemaking activities. As a result, other products were given a higher
priority, and limited rulemaking work on refrigerators and freezers was
carried out in the following years prior to the enactment of the Energy
Independence and Security Act of 2007, Public Law 110-140 (Dec. 19,
2007) (EISA).
EISA required DOE to publish a final rule to determine whether to
amend the standards in effect for residential refrigeration products
manufactured starting in 2014. Consistent with this requirement, DOE
issued a notice of proposed rulemaking on September 27, 2010. 75 FR
59470. Subsequently, on September 15, 2011, DOE issued a final rule
that established energy conservation standards for over 40 classes of
residential refrigeration products. See 76 FR 57516 and 76 FR 70865
(November 16, 2011) (date correction notice). The standards adopted in
that final rule were largely based on a consensus agreement that a
coalition of energy efficiency advocates and industry representatives
submitted to DOE in July 2010, see DOE Docket No. EERE-2008-BT-STD-
0012, Comment 49,\3\ and provided manufacturers with the requisite
three-year lead time contemplated by EPCA. See 42 U.S.C. 6295(m).
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\3\ Note: In the regulations.gov Web site, this is listed as
comment 52, although it was originally comment 49, and its header
identifies it as comment 49.
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In the preamble to the final rule, DOE discussed the issue of wine
chiller coverage. See, e.g. 76 FR at 57534. The test procedure final
rule and interim final rule distinguished between those products
designed to safely store fresh food and those that were not. See 75 FR
78810, 78817 (Dec. 16, 2010). Wine chillers are not treated as
refrigerators because they are not designed to be capable of achieving
compartment temperatures below the 39 [deg]F limit specified in the
definition for ``electric refrigerator.'' See 10 CFR 430.2. DOE
indicated that it would consider the coverage of wine chillers as part
of a separate future rulemaking. Today's notice begins that process of
examining the coverage of those residential refrigeration products,
including wine chillers, that are not yet addressed by any Federal
energy conservation standards. Under EPCA, refrigerators, refrigerator-
freezers, and freezers are limited to those products that can be
operated by alternating current electricity, but excluding (A) any type
designed to be used without doors; and (B) any type which does not
include a compressor and condenser unit as an integral part of the
cabinet assembly. See 42 U.S.C. 6292(a)(1).
The framework document explains the issues, analyses, and process
that DOE is considering for the development of energy efficiency
standards for wine chillers and miscellaneous refrigeration products.
An accompanying public meeting will be held that will focus on the
analyses and issues contained in various sections of the framework
document. DOE plans to present and solicit discussion regarding these
issues. DOE will also make a brief presentation on the process that it
plans to follow when evaluating potential standards for these products.
DOE encourages anyone who wishes to participate in the public
meeting to obtain and review the framework document and to be prepared
to discuss its contents. A copy of the draft framework document is
available at https://www1.eere.energy.gov/buildings/appliance_standards/residential/refrigerators_freezers.html.
However, public meeting participants need not limit their comments
to the topics identified in the framework document. DOE is also
interested in receiving views on other relevant issues that
participants believe would affect energy conservation standards for
these products. DOE invites all interested parties, whether or not they
participate in the public meeting, to submit in writing by March 14,
2012, comments and information on matters addressed in the framework
document and on other matters relevant to consideration of standards
for wine chillers and miscellaneous refrigeration products.
DOE will conduct the public meeting in an informal, facilitated,
conference style. There shall be no discussion of proprietary
information, costs or prices, market shares, or other commercial
matters regulated by U.S. antitrust laws. A court reporter will record
the minutes of the meeting, after which a transcript will be available
for purchase from the court reporter and placed on the DOE Web site at
www1.eere.energy.gov/buildings/appliance_standards/residential/refrigerators_freezers.htm.
After the public meeting and the close of the comment period for
the framework document, DOE will begin collecting data, conducting the
analyses as discussed at the public meeting, and reviewing public
comments.
Anyone who wishes to participate in the public meeting, receive
meeting materials, or be added to the DOE mailing list to receive
future notices and information about wine chillers and miscellaneous
refrigeration products should contact Ms. Brenda Edwards at (202) 586-
2945.
Issued in Washington, DC, on February 6, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-3261 Filed 2-10-12; 8:45 am]
BILLING CODE 6450-01-P